T.Aruna v. Lokesh Kanna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2018 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.27531 of 2018 T.Aruna .. Petitioner Vs

1. Lokesh Kanna

2. The Woman Protection Officer No.43, 2nd Street, Gandhi Road, Sevilimedu, Kanchipuram - 631 501.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to directing the 2nd respondent to forward the complaint of DVA/549/A5/2018 dated 30.04.2018 to the Judicial Magistrate - I Chengalpattu for further action.

For Petitioner : Mr.Perumbulavil Radhakrishnan For R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed for a direction to the 2nd respondent who is the Protection Officer to forward the complaint that was given by the petitioner to the concerned Judicial Magistrate Court for further action.

2. The petitioner filed a complaint under the Domestic Violence Act on 14.03.2018 before the 2nd respondent. The 2nd respondent took the complaint on file and also sent notice to the 1st respondent/husband and his parents and relatives. An enquiry was conducted by the 2nd respondent and certain gold jewelery, silver articles and other items were handed over at the time of enquiry.

3. The grievance of the petitioner is that the 2nd respondent ought to have submitted the report before the concerned Magistrate under Section 9 of the Protection of Women from Domestic Violence Act, 2005, in order to workout the remedy of the petitioner before the concerned Court. However, till https://hcservices.ecourts.gov.in/hcservices/

date no such report has been filed by the 2nd respondent and therefore there is absolutely no progress in the complaint given by the petitioner.

4. In the facts and circumstances of the case, there shall be a direction to the 2nd respondent to make a domestic incident report and forward the complaint in DVA/549/A5/2018 dated 30.04.2018 to the Judicial Magistrate No.I, Chengalpattu within a period of two weeks from the date of receipt of a copy of this order. Upon such forwarding report on the complaint, it is left open to the petitioner to workout her remedy before the concerned Court in accordance with law.

5. In view of the above direction, this Criminal Original Petition is disposed of.

-s/d- Deputy Registrar True Copy Sub-Assistant Registrar ssr/ub To

1. The Judicial Magistrate-I, Chengalpattu.

2. The Woman Protection Officer, No.43, 2nd Street, Gandhi Road, Sevilimedu, Kanchipuram - 631 501.

3. The Public Prosecutor, High Court, Madras.

+1cc to Perumbulavil Radhakrishnan, Advocate Sr.80718 Crl.O.P.No.27531 of 2018 srg 30/11/2018 https://hcservices.ecourts.gov.in/hcservices/